People v. Skalaski

221 A.D.3d 734, 199 N.Y.S.3d 650, 2023 NY Slip Op 05624
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 8, 2023
Docket2022-08845
StatusPublished

This text of 221 A.D.3d 734 (People v. Skalaski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Skalaski, 221 A.D.3d 734, 199 N.Y.S.3d 650, 2023 NY Slip Op 05624 (N.Y. Ct. App. 2023).

Opinion

People v Skalaski (2023 NY Slip Op 05624)
People v Skalaski
2023 NY Slip Op 05624
Decided on November 8, 2023
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on November 8, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
HELEN VOUTSINAS
JANICE A. TAYLOR, JJ.

2022-08845

[*1]The People of the State of New York, respondent,

v

Michael P. Skalaski, appellant. (S.C.I. No. 70147/21)


Yasmin Daley Duncan, Brooklyn, NY, for appellant.

Robert V. Tendy, District Attorney, Carmel, NY (Kerianne Morrissey of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Putnam County (Anthony R. Molé, J.), rendered September 28, 2022, convicting him of criminal mischief in the fourth degree and criminal contempt in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 340-342; People v Lopez, 6 NY3d 248, 256-257; People v Fowler, 111 AD3d 958; cf. People v Bradshaw, 18 NY3d 257, 264, 266-267). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255-256; People v Morrow, 198 AD3d 922, 923; People v Florio, 179 AD3d 834, 834-835).

IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court



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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
The People v. Rasaun Sanders
34 N.E.3d 344 (New York Court of Appeals, 2015)
People v. Florio
2020 NY Slip Op 298 (Appellate Division of the Supreme Court of New York, 2020)
People v. Matthews
2021 NY Slip Op 05723 (Appellate Division of the Supreme Court of New York, 2021)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
People v. Fowler
111 A.D.3d 958 (Appellate Division of the Supreme Court of New York, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
221 A.D.3d 734, 199 N.Y.S.3d 650, 2023 NY Slip Op 05624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-skalaski-nyappdiv-2023.